Hawaiians can now refuse to submit to a chemical test following arrest
for OVUII/DUI without fear of criminal punishment.
Act 117 repeals the statute criminalizing the act of refusing to submit
to a chemical test. If a person refuses to submit to a chemical test following
arrest for an OVUII/DUI the arrestee will suffer a two year revocation
of driving privileges versus a one year revocation for driving while impaired
or with a breath or blood alcohol level over .08, however the arrestee
cannot be charged with the crime of refusal. The crime of refusal had
a harsher penalty than driving while impaired or driving with a breath
alcohol level over the limit.
This legislative act is fallout from a case that the NCDD (National College
for DUI Defense) as well as Kevin O’Grady submitted briefs in that
was decided in late 2015. That case seriously weakened the refusal statute
and questioned the state’s ability to prove that chemical tests
are being obtained voluntarily.
Please view the official Refusal Repealed in the linked PDF, by
Remember, “ Someone who fights can lose. But someone who does not
fight has already lost”. Eric Bailey